City of Gaithersburg Planning Commission met Sept. 5.
Here is the minutes provided by the Commission:
1. CALL TO ORDER
The Regular Session of the Planning Commission was called to order at 7:30 PM with Chair John Bauer presiding.
| Attendee Name | Title | Status |
| John Bauer | Chair | Present |
| Matthew Hopkins | Commissioner | Absent |
| Lloyd Kaufman | Commissioner | Present |
| Ruthzaly Weich | Commissioner | Absent |
| Danielle Winborne | Commissioner | Present |
| Philip Wessell | Alternate Commissioner | Present |
2. APPROVAL OF MINUTES
A. Regular Session held August 1, 2018
Motion was made to Approve the Minutes referenced above.
RESULT: APPROVED [UNANIMOUS] MOVER: Lloyd Kaufman, Commissioner SECONDER: Danielle Winborne, Commissioner FOR: John Bauer, Lloyd Kaufman, Danielle Winborne, Philip Wessell
3. CONSENT
A. AFP-7924-2018: 629 Center Point Way, final architecture for a new theater tenant in the
MXD (Mixed Use Development) Zone, AMENDMENT TO FINAL SITE PLAN
Motion was made to Approve the Consent Agenda.
RESULT: PASSED [UNANIMOUS] MOVER: Danielle Winborne, Commissioner SECONDER: Lloyd Kaufman, Commissioner FOR: John Bauer, Lloyd Kaufman, Danielle Winborne, Philip Wessell
4. SIGN PERMITS
A. SIGN-17354-2018 and SIGN-17355-2018: Nestle Toll House Cafe, 11 Arch Place, Icon
Sign Approval in the MXD (Mixed Use Development) Zone
Planner Forbes introduced these applications and located the property, noting these signs require Commission approval because they are icon signs. She briefly provided details of the signage.
The Commission had no objections. There was no testimony from the audience.
Ms. Forbes voiced staff's recommendation for approval with no conditions.
Motion was made to grant SIGN-17354-2018 and SIGN-17355-2018, Nestle Toll House Café, Sign Permit Approval, based on the exhibits submitted, Staff's report, findings and recommendation, finding it in compliance with Zoning Ordinance Section 24-212.
RESULT: PASSED [UNANIMOUS] MOVER: Lloyd Kaufman, Commissioner SECONDER: Danielle Winborne, Commissioner FOR: John Bauer, Lloyd Kaufman, Danielle Winborne, Philip Wessell
5. RECOMMENDATIONS TO BOARD OF APPEALS
A. BOA-7953-2018: Special Exception for a family daycare facility up to twelve children at
15 Redding Ridge Drive in the R-90 (Medium Density Residential) Zone.
Planner Forbes introduced this application for a special exception, located the property, and stated the basis for this review. She noted that the applicant currently has a day care certificate with the Maryland State Department of Education for a capacity of eight children, which is allowed by right as an accessory use in the R-90 Zone. The special exception petition is for an additional four children.
Applicant, Anila Mairaj, briefly described the existing 8-child daycare and the needs for the proposed daycare for 12 children and two employees, noting all requirements for childcare have been fulfilled. She discussed fencing, drop-off and pick up of children.
Lawrence Sinkler, adjacent property owner, voiced a concern over parking availability and fencing. Staff noted a fencing permit was issued. Ms. Mairaj indicated that the employees come by public transportation.
In response to the neighbor's concern, staff suggested a condition be added for staff and applicant to monitor the drop-off and pick up of children to ensure there are no adverse impacts attributable to the use. Planner Seiden added that a benefit of a special exception is that if issues arise following approval, the applicant can be called back for further review/modifications, if needed. Ms. Seiden noted this is the first application involving this many children, under the recently-adopted text amendment relating to daycare facilities.
Commissioner Wessell supported the application, suggesting, however, that staff monitor the use to ensure no issues with traffic generation are occurring.
Ms Forbes voiced staff's recommendation for approval with the following conditions:
1. This special exception is granted for Anila Mairaj only and shall terminate at the time the business ceases to operate; 2. Operating hours are limited to the hours specified in the Applicant’s statement
(Exhibit #2); 3. A maximum of twelve (12) children are permitted on the site at one time; 4. Applicant must comply with all zoning, building and fire code regulations prior to commencement of operations; and 5. Vehicular circulation in the vicinity of 15 Redding Ridge Drive shall be monitored to ensure that there are no adverse impacts attributed to the use and, if such arise, the applicant shall return to the Board of Appeals to provide modifications to the plan.
Motion was made to recommend to the Board of Appeal that Special Exception BOA-7953- 2018 be Approved, based on the exhibits submitted, the applicant’s testimony, and Staff’s report, findings and recommendations, with conditions as listed above.
RESULT: PASSED [UNANIMOUS] MOVER: Philip Wessell, Alternate Commissioner SECONDER: Lloyd Kaufman, Commissioner FOR: John Bauer, Lloyd Kaufman, Danielle Winborne, Philip Wessell
6. RECOMMENDATIONS TO MAYOR AND CITY COUNCIL
A. SDP-7974-2018: Schematic Development Plan for 14.95 Acre City Park (Discovery
Park) at 601 Orchard Ridge Drive in the Mixed Use Development (MXD) Zone;
Planner Seiden located the park, and reported the City Council approved its name as Discovery Park, held a joint public hearing on this application on August 20, 2018, and there are 28 exhibits in the file. She indicated that answers to questions raised at the hearing are compiled on Exhibit 26. She briefly discussed two of the issues discussed at the hearing, namely, an existing berm and parking, noting that staff supports keeping the berm and considers there is sufficient parking, as a majority of park users would walk to the park. She answered questions about parking and lighting.
Mrs. Seiden voiced staff's recommendation for approval with the following condition:
1. The applicant is to prepare and record a new plat combining Parcels N550 and N600.
The Commission voiced concerns regarding parking availability and visibility issues posed by the existing berm; specifically, in terms of the isolation of the Great Lawn. With regard to parking, their concerns stemmed from a question as to whether the park is meant to serve the adjacent community or the City in general. The Commission determined that the parking and access issues could be revisited in the future if concerns arise.
Motion was made to recommend to the City Council Approval of SDP-7974-2018 - Discovery Park, based upon the evidence and testimony submitted into the record and the Staff’s Analysis and findings, with the condition listed above.
RESULT: PASSED [UNANIMOUS] MOVER: Philip Wessell, Alternate Commissioner SECONDER: Lloyd Kaufman, Commissioner FOR: John Bauer, Lloyd Kaufman, Danielle Winborne, Philip Wessell
B. X-7969-2018: Becraft Properties Annexation of approximately 1.8 acres of land to the City of Gaithersburg located at 212, 216, and 220 East Deer Park Drive and 309 Central Avenue in Gaithersburg, Maryland. The application requests a reclassification of the subject property from Montgomery County's R-200 Zone to the City of Gaithersburg's R-A Zone. RECOMMENDATION TO MAYOR AND CITY COUNCIL
Planner Howell listed the basis for the Commission's recommendation regarding this application. She located the property, noting it is within the City's maximum expansion limits and the area under consideration includes sections of four undeveloped platted lots, which are split between the County and the City. The annexation includes only those portions of the lots that are currently in the County, which is essentially the rear yards of the lots on East Deer Park Drive and the side yard of the lot on Central Avenue. The property is currently zoned R-200 in the County. The annexation request includes a reclassification to the City's R-A (low density residential) Zone. She listed the benefits of annexing the land and reported the City has received a development proposal for the lots along East Deer Park Drive.
Ms. Howell voiced staff's recommendation for the Commission to recommend that the annexation was in compliance with the Master plan, that the zoning was appropriate and that the annexation could be served by public facilities. She indicated the Mayor and City Council will conduct a public hearing on this application on Monday, October 15, 2018.
Petitioner/Property owner, Martin Mitchell, MB Becraft, LLC, stated the intent is to bring the lots together to be within the City. In response to questions of the Commission, staff explained the development process involving lots that straddle the two jurisdictions is a burden to property owners.
There was no testimony from the audience.
The Commission had no concerns with the application and moved as follows:
Motion was made to recommend to the City Council that Annexation X-7969-2018 - Becraft Properties, and associated plan, based on findings listed in the Staff Analysis, is in compliance with the City’s Master and Strategic Plans; that the proposed reclassification to the City’s R-A (Low-Density Residential) Zone is appropriate; and that the proposed annexation and associated plan can be served by both existing and future public facilities.
RESULT: PASSED [UNANIMOUS] MOVER: Philip Wessell, Alternate Commissioner SECONDER: Lloyd Kaufman, Commissioner FOR: John Bauer, Lloyd Kaufman, Danielle Winborne, Philip Wessell
7. PUBLIC HEARINGS
A. ASDP-7895-2018: Washingtonian and Rio Centers, allow private education as a permitted use for the property located in the MXD (Mixed Use Development) zone, AMENDMENT TO SCHEMATIC DEVELOPMENT PLAN
Chair Bauer noted this application is being reviewed concurrently with Site Plan AFP-7881- 2018, which follows immediately, as listed on tonight's agenda.
Planner Roakes located the area under consideration, provided background on the applications and noted the hearing was advertised in The Washington Post and the property posted. There are 23 exhibits in the file, which are available for public review. He noted that since the proposal is for a change of use only, the proposed SDP change is a minor amendment, staff considers the proposed SDP change as a minor amendment. Therefore, staff recommends the public hearing record be closed this evening and the Commission take final action on both applications tonight.
Applicant, Dan Figueroa, The Peterson Companies, discussed the nature of the use, noting the intent is for private swimming schools in pools that are currently underutilized, i.e., at the Courtyard by Marriott hotel and at the Sport & Health facility. He added that other private educational uses may be provided, as opportunities arise.
Mr. Roakes voiced staff's recommendation for closing the record on ASDP-7881-2018, and the Commission approve the Resolution granting Amendment to Schematic Development Plan Approval, with the following condition:
1. Driving school uses be excluded from this proposal.
Following questions of Chair Bauer, the Commission concurred with staff’s findings and recommendations.
Motion was made to close the record on ASDP-7881-2018 - Washingtonian and Rio Centers.
RESULT: PASSED [UNANIMOUS] MOVER: Danielle Winborne, Commissioner SECONDER: Lloyd Kaufman, Commissioner FOR: John Bauer, Lloyd Kaufman, Danielle Winborne, Philip Wessell
Motion was made to Approve the Resolution granting ASDP-7895-2018 - Washingtonian and Rio Centers, Amendment to Schematic Development Plan Approval, based on the evidence and testimony submitted into the record and the findings in the Staff Analysis, finding it in compliance with Zoning Ordinance Section 24-198(C)(2), with the condition listed above.
RESULT: PASSED [UNANIMOUS] MOVER: Danielle Winborne, Commissioner SECONDER: Lloyd Kaufman, Commissioner FOR: John Bauer, Lloyd Kaufman, Danielle Winborne, Philip Wessell
8. SITE PLANS
A. AFP-7881-2018: Washingtonian and Rio Centers, allow private education as a permitted use for the property located in the MXD (Mixed Use Development) zone, AMENDMENT TO FINAL SITE PLAN
Planner Roakes voiced staff's recommendation for approval, as the plan meets the approval criteria of the City Code, with the following condition:
1. Applicant is to revise the site plan to exclude driving school uses prior to signature set.
Motion was made to grant AFP-7881-2018 - Washingtonian and Rio Centers, Amendment to Final Plan, based on the exhibits submitted, the applicant’s testimony, and staff’s findings and recommendations, and finding it in compliance with Zoning Ordinance Section 24-170 and 24-172A, with the condition listed above.
RESULT: PASSED [UNANIMOUS] MOVER: Danielle Winborne, Commissioner SECONDER: Lloyd Kaufman, Commissioner FOR: John Bauer, Lloyd Kaufman, Danielle Winborne, Philip Wessell
B. AFP-8022-2018: 431 East Diamond Avenue, parking waiver request for three (3) Spaces located in the CBD (Central Business District) Zone, AMENDMENT TO FINAL SITE PLAN
Planner Roakes introduced this application for a parking waiver for three spaces, and located the property. He noted that no site plan changes are proposed.
Applicant Jimmy Ibicumle, stated the waiver request is for a church use, adding that the majority of the existing parking is for warehouse uses. He briefly described the nature of the use. He noted the church also provides free shuttle service on Sundays.
Testimony from the audience:
Chris Music, landlord, spoke in favor of the application and voiced the other tenants' support as well.
Mr. Roakes voiced staff's recommendation for approval of the waiver, with the following conditions:
1. Applicant must amend the approved site plan and parking waiver, if additional seats for the church use are provided; and 2. Applicant is to update proposed plans to reflect the parking waiver, as approved by the Planning Commission, prior to receiving final approval.
In response to questions of the Commission, staff briefly discussed the parking calculations, noting the shared parking provisions were not appropriate on this site. Chair Bauer commented favorably on the application.
Motion was made to grant AFP-8022-2018 - 431 East Diamond Avenue, Amendment to Final Plan Approval, based on the exhibits submitted, the applicant’s testimony, and staff’s findings and recommendations, and finding it in compliance with Zoning Ordinance Section 24-170 and 24-172A, with the conditions listed above.
RESULT: PASSED [UNANIMOUS] MOVER: Danielle Winborne, Commissioner SECONDER: Lloyd Kaufman, Commissioner FOR: John Bauer, Lloyd Kaufman, Danielle Winborne, Philip Wessell
C. AFP-7951-2018: 83 Bureau Drive- Exterior building renovations and minor site improvements and minor site improvements for the McDonald's located at 83 Bureau Drive in the C-2 (General Commercial) Zone. AMENDMENT TO FINAL SITE PLAN
Planner Forbes presented this application, located the property, and noted the proposal includes a sign package consisting of two building signs, an electronic message board, and two ancillary signs. She indicated that a waiver request for the required drive aisle width accompanies this application.
Engineer for the applicant, Joe DiMarco, Bohler Engineering, indicated this proposal is in response to McDonald's nationwide initiative to renovate and update its image. He thanked staff for assistance with the project, i.e., modernize the building and drive-through services, and restripe the parking lot to bring it into conformance with the Parking Ordinance. He noted the waiver request is a result of the restriping. He presented the site plan, noting bicycle accommodations and ADA (Americans with Disabilities Act) improvements are also proposed. Mr. DiMarco briefly discussed the architectural and signage modifications and answered questions regarding parking, circulation and pedestrian crossing locations within the site.
There was no testimony from the public.
Chair Bauer voiced a concern over pedestrian safety in terms of crossing from the parking area to the building. Commissioner Wessell shared the concern and proposed the applicant work with staff on the design of a pedestrian pathway. The Commission had no objections to the sign permit
Planner Forbes voiced staff's recommendation for approval of the plan, as it meets the City Code approval criteria, with the following conditions:
1. Applicant to submit revised site plan to address minor label errors, to be approved by Staff, prior to issuance of any permits; and 2. Applicant is to work with staff to enhance the pedestrian movement from the parking spaces that are located to the east of the property.
Ms. Forbes voiced staff’s recommendation for approval of the message board with no conditions. She also recommended approval of two ancillary signs proposed. Ms. Forbes additionally recommended approval of a 23-foot and a 15-foot waiver of the required drive aisle dimension.
Motion was made to grant AFP-7951-2018 - McDonald's at 83 Bureau Drive, based on the exhibits submitted, the applicant’s testimony, and staff’s findings and recommendations, and finding it in compliance with Zoning Ordinance Sections 24-170 and 24-172A, with the conditions listed above.
RESULT: PASSED [UNANIMOUS] MOVER: Lloyd Kaufman, Commissioner SECONDER: Danielle Winborne, Commissioner FOR: John Bauer, Lloyd Kaufman, Danielle Winborne, Philip Wessell
Motion was made to grant AFP-7951-2018 - McDonald’s at 83 Bureau Drive, Permit Approval for 42-inch tall ancillary signs in compliance with Zoning Ordinance Section 24-213a(f), with no conditions.
RESULT: PASSED [UNANIMOUS] MOVER: Lloyd Kaufman, Commissioner SECONDER: Danielle Winborne, Commissioner FOR: John Bauer, Lloyd Kaufman, Danielle Winborne, Philip Wessell
Motion was made to grant AFP-7951-2018 -McDonald's at 83 Bureau Drive, Approval for a Parking Waiver of a 23-foot and a 15-foot waiver of the required drive aisle dimension, with no conditions, finding it in compliance with Zoning Ordinance Sections 24-170 and 24-172A.
RESULT: PASSED [UNANIMOUS] MOVER: Danielle Winborne, Commissioner SECONDER: Lloyd Kaufman, Commissioner FOR: John Bauer, Lloyd Kaufman, Danielle Winborne, Philip Wessell
D. AFP-7812-2018: 16 South Summit Avenue, satisfy conditions of approval and minor site plan revisions for proposed Gaithersburg Police Station in the CBD (Central Business District) Zone, AMENDMENT TO FINAL SITE PLAN
Planner Mann presented this request for a modification for amendment to the final site plan, which was approved in March 2018. He noted the approved project includes interior/exterior building and site changes for the City's new Police Station and Council Chambers. He reported that the proposed modification is being reviewed because the applicant is unable to satisfy Condition 6, and to document other changes that have occurred since the last review.
Architect for the applicant, David Schrader, Schrader Group Architecture, LLC, provided a status update on the project, noting some of the approval conditions have been met, except for Condition 6 due to. He briefly discussed other minor site plan changes resulting from cost reduction strategies, i.e., the exterior vestibule, now inside the building; outbuilding, now optional; and a modified dumpster enclosure. He discussed the site and utility easement constraints, resulting in not being able to comply with Condition 6.
In response to Chair Bauer, Deputy City Manager Enslinger noted there are at the moment no plans for the building that currently houses the police station.
The Commission had no objections to removing Condition 6. Commissioner Wessell suggested placing some type of art or planter on the precast panels on the southeast side of the building. It was noted the applicant should work with staff on the treatment of this area.
Mr. Mann voiced staff's recommendation for approval as the plan meets the approval criteria, with the following conditions:
1. Prior to the issuance of a Site Development Permit, applicant is to receive written consent from the adjoining property owner, located at 20 South Summit Avenue, for an eight-foot tall fence located along the shared property line; 2. Final traffic control plan is to be approved by staff prior to the issuance of a Site Development Permit; 3. Final photometric plan is to be reviewed and approved by Staff prior to the issuance of a Site Development Permit; and 4. Applicant must submit revised final site plans, as required, to obtain approval by the Department of Public Works and Planning Staff prior to the issuance of any permits.
Motion was made to grant AFP-7812-2018 - 16 South Summit Avenue, Amendment to Final
Plan Approval, based on the exhibits submitted, the applicant’s testimony, and staff’s findings and recommendations, and finding it in compliance with Zoning Ordinance Sections 24-170 and 24-172A, with the conditions listed above.
RESULT: PASSED [UNANIMOUS] MOVER: Danielle Winborne, Commissioner SECONDER: Lloyd Kaufman, Commissioner FOR: John Bauer, Lloyd Kaufman, Danielle Winborne, Philip Wessell
9. FROM COMMISSION
Lloyd Kaufman
· Noting that schools have reopened, reminded all to drive carefully.
Danny Winborne
· Restated the Maryland Planning Commissioners Association annual conference will be held on October 25-26, 2018, in Gaithersburg, and invited the Commissioners to participate.
Chair Bauer
· Thanked staff for following up on the Kentlands Boulevard crosswalk improvements project.
10. FROM STAFF
Planning and Code Administration Director Schlichting
· Announced he will make a presentation at the City Council's September 17, 2018, meeting, on recommendations from a planning perspective for a proposed Visioning process as a prelude to an all-day event in February 2018 that will focus on the future of Gaithersburg.
· Announced a joint work session with the City Council on September 24, 2018, at which Code Enforcement Chief Roman will make a presentation on short-term rentals.
· Announced another joint work session on October 8, 2018, on the Adequate Public Facilities Ordinance school test.
Planner Mann
· Announced a joint public hearing at the City Council’s September 17, 2018, Meeting on an schematic development plan regarding the commercial portion of the project at 700 Quince Orchard Road.
· Reminded all that the next regular meeting of the Planning Commission is scheduled for Thursday, September 20.
Planning Division Chief Schwarz
· Reported Planner Berger was chosen as Employee of the Quarter.
11. ADJOURNMENT
There being no further business, the session was adjourned at 9:19 PM
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